(WTVM) - The state of Alabama wants to throw out the lawsuit challenging the controversial Alabama Accountability Act. However the group challenging the Act, the Southern Poverty Law Center, says there are serious constitutional questions with the Accountability Act.
Attorney General Luther Strange says, "Well, we don't think there's any merit to their case. They're not alleging that there's anything unconstitutional about the Act."
The AAA allows students in failing public schools to transfer to better schools and even qualify for tax credits.
Richard Cohen, the President of SPLC, says, "One thing that the state has not said is that our clients are being provided an equal education opportunity, because they've not. No one's contested that yet."
So far, more than 750 students have used the AAA to transfer out of failing schools, but less than one-tenth of all of those have transferred to private schools.